(A) Initiation. A petition to rezone property to PUD or to modify an approved PUD may be filed by any of the following:
(1) The owners of all lots or parcels within the area proposed for rezoning;
(2) In the case of a single lot or parcel with multiple owners, all those having ownership interest in the lot or parcel.
(B) Hearing and decision.
(1) The Plan Commission shall hold a public hearing and make a recommendation to the City Council on the proposed PUD ordinance and PUD zoning in the same manner as for a map amendment. The Plan Commission may recommend approval or disapproval of the rezoning request. The Commission may impose conditions on a favorable recommendation and/or request written commitments in accordance with § 157.027.
(2) The City Council may impose reasonable conditions on a proposed PUD and allow or require the owner of the real property to make written commitments in accordance with § 157.027.
(3) Adoption of the PUD ordinance by the city council constitutes final approval of the preliminary PUD plan. After the PUD ordinance is adopted, the Plan Commission shall exercise continuing jurisdiction. The Plan Commission is hereby authorized to conduct secondary reviews, grant approvals, and make modifications to approved detailed PUD plans. The Commission shall not modify the preliminary PUD plan or any condition or commitment allowed or required by the City Council.
(C) Modification procedure.
(1) In the exercise of its continuing jurisdiction, the Plan Commission may from time to time allow the petitioner to modify the approved detailed PUD in a manner consistent with the approved preliminary PUD plan to allow for changed circumstances and conditions unforeseen at the time of original approval. Except as provided below, such modifications shall be considered in the same manner as the secondary review, and notice shall be given and a hearing held in accordance with the Commission's Rules of Procedure.
(2) The staff is authorized to approve administrative adjustments as specified in § 157.026.
(D) Review procedure.
(1) An application for rezoning to PUD shall include or incorporate by reference those materials specified in the Plan Commission Rules of Procedure.
(2) The Plan Commission shall conduct secondary review as specified in Indiana law and further described in this section.
(3) The Commission may approve a detailed PUD plan only after a public hearing. Notice shall be given to interested parties and the hearing conducted in accordance with the Commission's Rules of Procedure.
(4) No development shall take place until the Commission has approved a detailed PUD plan. If a subdivision plat is filed in conjunction with the detailed PUD plan, appropriate plans and details listed below may be included on the subdivision plat rather than on the PUD plan. The detailed PUD plan or subdivision plat shall include such information and materials as are required by the Plan Commission Rules of Procedure.
(5) Approval of the detailed PUD plan shall be granted only upon a finding by the Commission that the plan is consistent with the approved preliminary PUD plan.
(6) The approved detailed PUD plan shall be marked, "Approved Detailed Planned Unit Development," be signed by the president and secretary of the Commission, and bear the Commission's seal. One copy shall be permanently retained in the offices of the Plan Commission. No permits shall be issued until the detailed plan and all accompanying documents have been recorded in the Office of the Jackson County Recorder.
(7) Any decision of the Plan Commission to approve or deny approval of a detailed PUD plan hereunder is a final decision that may be appealed to the City Council, provided that any refusal by the Commission to approve a detailed PUD plan shall not limit the right of the petitioner to continue to seek approval, nor shall it impair the right of the petitioner to request an extension of time for approval, if no appeal is filed.
(8) The Plan Commission may allow the petitioner to develop the property involved in phases. If such phasing is permitted, the petitioner shall submit detailed PUD plans that correspond to the phases involved, and the phases shall be developed in the order approved by the Commission. Such detailed PUD plans for phases, when approved, shall be treated in the same manner as the approved detailed PUD plan for an entire PUD.
(9) Where platting, or replatting of streets within all or a portion of the land involved is contemplated, the Plan Commission shall handle such matters in accordance with its regular procedures in accordance with law.
(10) No construction or installation work shall be done on any public improvement until satisfactory plans and specifications therefore have been approved by the Plan Commission as part of the approved detailed PUD plan or as part of a subdivision in accordance with the Subdivision Control Ordinance.
(E) Administrative adjustments.
(1) Administrative adjustments are permitted for changes that do not do any of the following:
(a) Alter the basic relationship of the proposed development to adjacent property.
(b) Change the uses permitted.
(c) Increase any of the following by more than 15% (this total is cumulative for all modifications to the PUD):
1. The maximum density;
2. The maximum floor area;
3. The maximum height;
4. Decrease the amount of off-street parking to an amount not adequate for the use. In determining the amount of parking that is adequate, the staff shall consider the amount otherwise required by the zoning ordinance for this use, the information available from the Institute of Traffic Engineers and empirical studies of the parking needs for the use;
5. Reduce the approved yards or setbacks by more than 15%; and
6. Alter site ingress or egress in any way or create a substantial change to on-site circulation, as determined by the appropriate engineering or highway department.
(2) Upon receiving a request for an administrative adjustment the staff shall have ten working days to respond to the petitioner, by either approving or rejecting the request. An applicant may appeal the decision of the staff to the Plan Commission.
(F) Abandonment or expiration.
(1) The City Council's approval of the preliminary PUD plan shall be valid for two years after the date the City Council adopts the PUD ordinance. Within this two-year period the PUD shall receive approval of the final detailed PUD plan for the first section or the entire development. Should the planned development not receive approval of the detailed PUD plan for at least one section or the entire development within the two years, the City Council, Plan Commission, or property owner may initiate a rezoning of the property. The Plan Commission may extend the approval period, not to exceed five successive periods of no more than two years each. The approval of the detailed PUD plan for each section of the Preliminary PUD Plan shall extend the approval length of the Preliminary PUD Plan for two years.
(2) Commission approval of a detailed PUD plan shall expire if the plan is not recorded within six months after the approval date. Commission approval of a detailed PUD plan shall expire after a period of five years from the approval of a detailed PUD unless the development in any phase has been substantially begun and pursued with due diligence. The Commission may grant extensions of time not to exceed five successive periods of no more than two years each. If the detailed PUD plan expires as provided in this section, the Commission may require the plan to be resubmitted for approval, and it shall conduct a secondary review as if the plan were a new filing. Alternatively, the Commission may opt to initiate a rezoning of the property to a classification other than PUD.
(3) A development approved under this chapter shall be deemed to be abandoned or discontinued if it has expired under (F) above or when no improvements have been made pursuant to the detailed PUD plan for a period of 24 consecutive months. When a PUD has been abandoned or discontinued, the detailed PUD plan shall no longer be valid, and no development shall be permitted until the plan is re-approved, and/or the property is rezoned.
(G) Permits and enforcement.
(1) The staff shall not issue any permit for development or improvements in a PUD district unless all recording required by this chapter has been effected. No certificate of completion or occupancy shall be issued for a PUD district unless the development complies with the approved detailed PUD.
(2) All development shall be in conformity with the approved detailed PUD. In the exercise of its continuing jurisdiction, the Plan Commission shall take cognizance of any material deviations from the approved detailed PUD and take appropriate enforcement action. Only those uses shown on the approved detailed PUD Plan shall be permitted; all other uses are prohibited.
(H) Covenants and maintenance; financial guarantees.
(1) Covenants may be required by the Commission as an ingredient for stability and longevity of the PUD. If submitted, the covenants shall set forth in detail provisions for the ownership, administration, and maintenance of facilities held in common so as to ensure their continuity and conservation. Such covenant provisions shall include specific remedies in the event facilities held in common are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the city, and in such event the city, may take those remedial steps provided for such provision. The covenants shall be recorded with the detailed PUD plan.
(2) The Commission may require the recording of covenants for any reasonable public or semipublic purpose, including but not limited to the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities and other public and semipublic purposes wherever necessary in conformity with the land use plan of current adoption. Such covenants may provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within the specified period of time, the applicable elements of the covenants shall automatically terminate. If such termination occurs, the petitioner shall then submit for approval by the Commission a modified detailed PUD plan for such land consistent with the approved preliminary PUD plan. Such modified detailed PUD plans, when approved, shall be treated in the same manner as approved detailed PUD plans for an entire PUD.
(3) The Commission may require the recording of covenants for any other reasonable purpose, including but not limited to imposing standards for development of property in a PUD. Such development standards may include, but are not limited to, requirements as to the following:
(a) Lot area;
(b) Floor area;
(c) Ratios of floor space to land area;
(d) Buildable area or the area in which structures may be built;
(e) Open space;
(f) Setback lines and minimum yards;
(g) Building separations;
(h) Height of structures;
(i) Signs;
(j) Off-street parking and loading space;
(k) Design standards; and
(l) Phasing of development.
(4) Enforcement of the covenants shall be the responsibility of the property owners, unless the city is, with its consent, specifically made a party to one or more covenants. Public enforcement shall apply only to those covenants to which a public entity is a party.
(5) The petitioner shall provide financial assurance for the satisfactory installation of all public facilities in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the provisions of the Subdivision Control Ordinance.
(6) Adequate provision shall be made for a private organization with direct responsibility to and control by the property owners involved to provide for the operation and maintenance of all common facilities, including private streets. Assurances or guarantees, satisfactory to the Plan Commission shall be provided to demonstrate that the private organization is self-perpetuating and adequately funded to accomplish its purposes.
(7) Common facilities that are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance at a reasonable and nondiscriminatory rate of charge to the beneficiaries thereof. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(8) All private streets shall be maintained by the responsible private organization in such a manner that adequate access is provided at all times to vehicular traffic, so that fire, police, health, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that such vehicles will have adequate maneuvering area. Such private streets shall be developed in accordance with the Subdivision Control Ordinance.
(9) As a condition of approval, the Plan Commission and/or City Council shall require any appropriate financial guarantees to insure the timely completion of any improvement related to the PUD as required by the Subdivision Control Ordinance.
(Ord. 17, 2006, passed 11-27-2006)